Synopsis On 10May 1996, in the Northeast Arm, Harbour Breton, Newfoundland, the open fishing boat CFV#087578 swamped and capsized as the crew was returning to Harbour Breton after hauling herring from a bar seine in Bill Skinners Cove. Two of the crew of four succeeded in swimming ashore; the other two lost their lives. The Transportation Safety Board of Canada (TSB) investigated this occurrence for the purpose of advancing transportation safety. It is not the function of the Board to assign fault or determine civil or criminal liability. 1.0 Factual Information 1.1 Particulars of the Vessel 1.1.1 Description of the Vessel CFV[3] #087578 is one of many open boats built from the same mould that operate around the Newfoundland coast. Permanent flotation is built into the thwarts and forward end[4]. 1.2 History of the Voyage On the morning of the accident, the owner/operator of CFV#087578 and his crew had hauled approximately 1,900kg of herring from their bar seine and successfully transported and discharged it at the fish plant in Harbour Breton. During the latter part of the morning, the weather began to deteriorate. The owner/operator decided to make a second, but smaller, haul of approximately 1,450kg from the bar seine. During the return trip, the boat was headed gradually toward the small amount of lee offered on the western side of the Northeast Arm. The precise courses and speeds of the boat are unknown. When the boat was approximately 6km from Harbour Breton and 460m from shore, the bow was struck by a large wave which partially filled the boat, causing the herring in the fish wells to shift and the boat to swamp and capsize. The four crew members either were washed overboard or abandoned the boat which was capsizing. All were wearing lifejackets or personal flotation devices (PFDs). Not all could swim. The owner/operator reportedly assisted the three other crew members onto the bottom of the capsized boat, but it proved difficult for four persons to remain on the upturned hull. One, who was wearing a floater suit, returned to the water and hung on to a line attached to the boat. Some time thereafter, the person in the water decided to attempt to swim ashore, go to the bar seine where the boat's motorized skiff was moored and return with it to rescue the three others. The remaining three crew members decided to attempt to reach the shore some time later. Tragically, only one of them succeeded. The first crew member ashore, despite losing his boots and despite the rough terrain, managed to return to the bar seine. He retrieved the skiff and rescued the other crew member who had reached the shore. They proceeded together to a cabin in Baldens Cove where one remained. The other headed cross-country to the highway where he was given a ride back to HarbourBreton. At approximately 1600[5], he arrived at the detachment of the Royal Canadian Mounted Police (RCMP) in Harbour Breton and a search was initiated for the two missing crew members of CFV#087578. Local speed boats, Canadian Marine Rescue Auxiliary (CMRA) vessels and a search and rescue (SAR) helicopter took part in the search. 1.3 Injuries to Persons As a result of this occurrence, two of the crew of four lost their lives. Autopsies revealed that the cause of death for both crew members was drowning. 1.4 Vessel Certification The boat was not required to be inspected by Transport Canada (TC) Marine Safety, and had not been so inspected. As a registered commercial fishing vessel, the boat was required to, and did, comply with the provisions of the Small Fishing Vessel Inspection Regulations (SFVIR) that pertain to life-saving and fire-fighting equipment. 1.5 Crew Certification and Experience Two of the four persons on board were professional, experienced fishermen. Although no certificate is required to operate a boat of this size, one of the crew members held a Certificate of Competency as Chief Engineer, Motor-driven Fishing Vessel and a Fourth Class Motor Certificate with STCW endorsement. 1.6 Weather Weather conditions at the time of the occurrence, as reported by Environment Canada, were sunny with good visibility, winds from the south-west at 15 knots increasing to 20 to 25 knots. Air temperature was between 7C and 9C. Waves of under one metre were predicted. The sea water temperature was between 2C and 3C. 1.7 Safety Equipment and Survival Aspects The vessel was not fitted, nor required by regulation to be fitted, with either a radio or an Emergency Position Indicating Radio Beacon (EPIRB). Appendix C shows the predicted survival time of average adults wearing a standard lifejacket and light clothing in water of different temperatures. Additional clothing extends the expected survival times. The crew members were reportedly warmly dressed in consideration of the expected weather and of the time of year. 1.8 Vessel Construction and Stability When CFV#087578 was built, production of small open fishing vessel glass-reinforced plastic (G.R.P.) hulls was largely unregulated. The hulls were usually adaptations from standard production moulds and their design and construction were generally in accordance with normal small vessel practice, which followed the requirements of the Construction Standards for Small Vessels, 1978 (TP1332). Design and construction requirements specifically addressing open G.R.P. fishing vessels, Recommended Guidelines for the Construction of Open Fibreglass Fishing Boats from 5.0m to 7.0m in Length, were introduced in February 1996, and are applicable to all small open commercial fishing boats built in Newfoundland after that date. TP1332 and the 1996Guidelines both include requirements regarding the provision of sufficient built-in reserve buoyancy to prevent sinking in the event of swamping, and also the incorporation of outboard motor wells, the inboard faces of which maintain effective freeboard up to gunwale level. Reportedly, production from the basic hull mould of CFV#087578 has been discontinued for some time and, although the builders' records are incomplete, it is known that a significant number of hulls was produced. Some of the basic hulls were outfitted with additional deck mouldings and used as pleasure craft, while others (including the occurrence vessel) were employed as open boats in various commercial fishing activities. The hull and flotation compartments were undamaged during the occurrence; the built-in buoyancy kept the boat afloat when swamped. While the fibreglass hull remained afloat after the boat capsized, it did not have bilge keels, built-in handholds or similar support for persons in thewater. No detailed stability data or booklet was prepared for this small open boat, nor is either required by regulation. 1.9 The Herring Fishery The 1996 commercial herring fishery allowed for a maximum catch of 3,225tonnes, of which 200tonnes is allocated for bar seines. The quota for bar seines in the Fortune Bay/Harbour Breton area during the spring season (1April to 31May) was 50tonnes. Of this quota, 25tonnes had been allocated to the owner/operator of CFV#087578. In 1995, a total of 2,084 fishermen were licensed to use fixed gear (gillnets, traps, and bar seines) with a further 1,400 herring bait permits issued. Bar seines and other fixed gear are generally fished using open boats.